| Citation(s) |
|---|
| 1993 SLG 930 1993 SLD 930 1993 CLC 625 |
Lahore High Court
CH. MUSHTAQ AHMED KHAN, J
Moin-ud-Din for Petitioners. Mirza Manzoor Ahmad for
Respondents
CH. MUSHTAQ AHMED KHAN, J
Moin-ud-Din for Petitioners. Mirza Manzoor Ahmad for
Respondents
SHARU and 2 others
VS
Mst. FATIMA and others
Law:
Section:
(a) Custom (Punjab)--- ----Parties whether governed by Muhammadan Law or by rules of custom in matters of succession before 15th March 1948; i.e. (when custom ceased to be the. rule of succession)---Plaintiffs and defendants belonging to tribe of Sikhani Baloch, were governed by Shariat in matters of inheritance and not by rules of Custom as per documentary evidence on record---Merely because some witnesses had made statement that custom was applicable in the tribe for purpose of inheritance would not make much difference when documentary evidence proved otherwise (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Finding of fact recorded by First Appellate Court could not be interfered with by High Court in exercise of revisional jurisdiction unless there was misreading or non-reading of evidence; even in a case of wrong appreciation of evidence interference was not warranted---No legal infirmity in the in question, having been pointed out finding of First Appellate Court that parties followed Shariat in matters of inheritance was unexceptionable. Mst. I7zat v. Allah Ditta PLD 1981 SC 165 ref. Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 ref. (c) Adverse possession--- ----Suit claiming entitlement on basis of inheritance would not become time barred---Plea of adverse possession was misconceived---Once plaintiffs were proved to have inherited deceased in accordance with Shariat, they automatically became co-heirs in the property in question, an therefore, no period of limitation would run against them--In order to claim adverse possession, same has to be illegal and hostile openly to the lawful owners--Defendants having been claiming possession of land in question, in their own right, plea of adverse possession could not be taken by them in joint property. Abdul, Ghafoor and others v. Muhammad Shafi and others PLD 1985 SC 407; Mst. Farida and 2 others v. Rehmatullah and another PLD 1991 SC 213; Fazal Nishan and others v. Ghulam Qadir 1992 SCMR 1773; Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1; Haji v. Khuda Yar PLD 1987 SC 453; Anwar Muhammad and others v. Sharif Din and others 1983 SCMR 626; Hajr…
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